According to the EEOC's suit (Civil Action No. 10-667 in U.S. District Court for the Southern District of Ohio, Cincinnati Division), CSX fired black engineer/conductor Edward Gay for an admitted operating violation, but then repeatedly rejected his appeals for leniency reinstatement, despite granting leniency reinstatement to white engineer/conductors in similar, and in some cases more egregious, instances of offense. White employees granted leniency reinstatement returned to work within 45 days of termination. Gay was finally reinstated in April 2010, nearly two years after his termination, by a third-party arbiter.

Race discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement. In its suit, the EEOC seeks back pay for Gay, as well as compensatory and punitive damages for Gay, and injunctive relief.

“The disparate treatment of an employee based his or her race violates the very core of Title VII,” said EEOC Indianapolis District Office Regional Attorney Laurie Young. “The EEOC is here to staunchly protect the rights of workers from unfair treatment by their employers.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.